DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.  348/2018

                                      Date of Institution: 01.11.2018

Judgment Reserved on: 18.04.2022

Judgment Passed on: 06.06.2022

QOURUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member) – on leave

Sh. Ravi Kumar (Member)

Order By: Shri Ravi Kumar, Member

JUDGEMENT

1. By this order I shall dispose off the present complaint filed by the complainant against OP, inter-alia alleging deficiency in service by the OP by not providing the services to the complainant in respect of refrigerator bought by complainant from OP.
2. Brief facts as stated by the complainant in the complaint are that the complainant has purchased a Panasonic Refrigerator DC REF WM AC20SA2X1 BLU bearing code No. 8418 for a sum of Rs.15,200/- on 9.9.2018. Complainant further stated that the said Refrigerator started to give trouble from the day one as the cooling system as well as defrost system was defective. Water drops were continuously flowing from the freezer. The light system was also not working. After many telephonic calls as well as personal visits to OP, two mechanics visited the premises of the complainant and after inspection of the refrigerator, they declared that the defect is inherent and replacement is the only remedy. They further informed the complainant that replacement shall take one week time. Since then i.e. 11.9.2018, despite making many complaints, reminders & personal visits to OP the the complainant is still awaiting for getting replacement the refrigerator. Complainant sent a legal notice dated 9.10.2018 to OP but no reply was received. Finding no way out, Complainant filed the present complaint  with the prayer to direct OP to replace the faulty Refrigerator, pay Rs.500/- per day from the date of first complaint i.e. 10.9.2018 till the replacement of the said defective refrigerator as damages & compensation.
3. Vide order dated 16.1.2019 notice was issued to OP but in absence of any track report, on 18.4.2019, notice was again issued as dasti to OP. In support of delivery of dasti notice , the complainant filed an affidavit dated 30.7.2019. Despite service, OP chose not to appear before the Forum and, therefore, the OP was proceeded ex parte on 9.9.2019.
4. Complainant in his ex parte evidence reiterated the facts as already mentioned in his complaint. Complainant also exhibited the copy of bill dated 9.9.2018 as Ex. CW-1/1, the copy of email complaint as Ex. CW1/2 & copy of notice as Ex. CW-1/3.
5. This Commission has gone through documents on records and heard the arguments of the counsel of the Complainant.

The complainant purchased the brand new Panasonic Refrigerator WMAC20SA2X1 BLU on 9.9.2018 from the OP (Ex. CW-1/1) and the first complaint lodged with the OP on 10.9.2018 i.e. the next date. The Refrigerator so bought was giving trouble and complainant raised service request id-R111018070613 dated 11.10.2018 (shortly after the purchase) (Ex. CW-1/2). However, as per the complainant the defects could not be cured and the mechanics of the OP, who visited, informed him that there is inherent defect in the product which requires replacement. Thereafter, complainant visited the OP and reminded many times but there was no solution given to his problem. OP which is the dealer from whom he had purchased was served notice from this Commission Dasti by the Complainant on 23.7.2019 and affidavit to this effect was filed by the complainant in the Commission. However, OP chose not to appear in the Commission and was proceeded ex parte on 9.9.2019. Therefore, the complaint of the complainant goes un-rebutted. Since the OP charged the bill amount and supplied a defective product and then did not attend the calls of the complainant nor has provided service to the complainant and therefore, deficiency on the part of OP stands proved. However, since the Complainant has not made the manufacturer of the product as a party, the order of replacement could not be passed. In these circumstances, the Commission hereby holds OP liable for deficiency in service and passes following orders -

1. OP to pay Rs.11,000/- alongwith 9% interest per annum w.e.f. date 16.1.2019 to the Complainant till the date of realization. Complainant would return the said Refrigerator to OP.
2. OP to pay consolidated amount of Rs.2500/- as compensation  to the Complainant on account of pain and mental agony suffered by him.

6. This order be complied with within 30 days from the date of receipt of the order.
7. Copy of the order be supplied / sent to the parties free of cost as per rules.
8. File be consigned to Record Room.
9. Announced on 6.6.2022